Lease/Pet Problem

[stinastina]

What is the name of your state (only U.S. law)? Georgia

We had a real estate agent find a home to rent. When we found the home, the agent dealt with the property manager (not the owner). We submitted a rental application and disclosed that we had two dogs and their respective weights.

When it came to time to sign the lease, it was about 10 pages long and the rental application was included as an exhibit.

The landlord read over the lease and signed it. One month later he wanted to amend it to include a late fee, which we agreed to.

Now five months later he says we owe a pet deposit. The lease states no pets unless there is a pet exhibit. The real estate agent prepared the lease. She knew we had pets because she gave us gifts for them.

Legally, do we have to pay the deposit even though the pets were disclosed in the rental app and the agent failed to add a specific pet exhibit or can the rental app stand as an exhibit ?

The real estate agent has not responded to my email asking about what we should do now.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Georgia

We had a real estate agent find a home to rent. When we found the home, the agent dealt with the property manager (not the owner). We submitted a rental application and disclosed that we had two dogs and their respective weights.

When it came to time to sign the lease, it was about 10 pages long and the rental application was included as an exhibit.

The landlord read over the lease and signed it. One month later he wanted to amend it to include a late fee, which we agreed to.

Now five months later he says we owe a pet deposit. The lease states no pets unless there is a pet exhibit. The real estate agent prepared the lease. She knew we had pets because she gave us gifts for them.

Legally, do we have to pay the deposit even though the pets were disclosed in the rental app and the agent failed to add a specific pet exhibit or can the rental app stand as an exhibit ?

The real estate agent has not responded to my email asking about what we should do now.

A signed lease is a legally binding agreement. Neither side can unilaterally make changes to the rental agreement - it requires written approval by ALL parties to that agreement.

It's not your fault that the real estate agent failed to notify the LL about the pets or that the LL failed to include an addendum or exhibit to require that a pet deposit be paid. The current lease stands.

Of course, you will want to read over that lease very carefully to ensure that you are even allowed to have the pets according to the current agreement as well. Just as there may not be a specific exhibit that addresses pets or a pet deposit, if the lease does not allow for pets without said exhibit, then the same goes for you. If there is anything in the lease that restricts pets or does not allow them at all, that would ALSO be binding upon you, and you would be in violation of the lease (even if the real estate agent knew about them).

 

[stinastina]

Thank you, sandyclaus. The lease states "No pets are allowed unless the exhibit entitled "Pet Exhibit" is attached to the lease.

With that said, what do we do now ? Can the exhibit be added with a pet deposit ? Can the rental app (which is an exhibit) be considered a pet exhibit if we went to court ?

The landlord is an unreasonable person and we probably should not have agreed to amend the lease the first time. He knew about the dogs because he came to the house more than once and both my husband and myself mentioned them to him. He knew about the dogs the day he came over to get our signatures for the amendment in January.

 

[Gail in Georgia]

" The lease states "No pets are allowed unless the exhibit entitled "Pet Exhibit" is attached to the lease."

It does not sound as if your landlord is telling you to get rid of your pets.

Request the pet exhibit be added to the lease; everyone signs it; then pay the pet deposit and it appears that the matter should be taken care of.

Gail

 

[Searchertwin]

Can the rental app (which is an exhibit) be considered a pet exhibit if we went to court

No. Why? Because lease states, the exhibit has to say, "Pet Exhibit", not rental application.

The landlord is an unreasonable person and we probably should not have agreed to amend the lease the first time. He knew about the dogs because he came to the house more than once and both my husband and myself mentioned them to him. He knew about the dogs the day he came over to get our signatures for the amendment in January.

He not being unreasonable. Why? 1) If other tenants found out that you did not sign to have an animal and not pay a deposit, guess what? They would want their money return.
2) Insurance purposes. If animal bites, attacks, blah blah, how can LL prove that he knew about the animals, if he gets sued? On certain things, a LL can be held liable on a tenant animal actions.

The real estate agent has not responded to my email asking about what we should do now

.
Her jobs completed, she got paid, you are now in contact with the owners, why should she?

LL is not refusing to have the animals, he is only doing what is consider the normal thing to do in a rental that allows animals.
Be thankful that you are being allowed to keep the animals.

 

[stinastina]

Thanks, gail & searchertwin. The landlord is not unreasonable about the pets - it's other discussions we have had with him. But we will make arrangements to pay the deposit and never use that real estate agent again.